Physical and mental

Disability discrimination
 What is disability discrimination?
 The law in the Disability Discrimination Act 1992 (Cth). ‘While physical or mental
limitations may be a disability or an aspect of a disability, their practical
consequences, such as absence from work, are not. protects a wide range of
disabilities and illnesses, including:
 physical disability
 diseases that make a part of the body or brain work differently
 mental illness or psychiatric disability
 behavioural disorders
 intellectual disability
 learning or cognitive disability
 a change to a part of the body or brain after an accident or surgery
 a different formation of a body part
 a disease or illness caused by a virus or bacteria.
 Direct discrimination

 Direct discrimination is when you are

treated unfairly because of a
characteristic you have, or you are
assumed to have, that is protected by
New South Wales law. For example,
a real estate agent tells an Aboriginal
person they have no properties for rent
but tells a Caucasian person that they
do, this may be direct discrimination.
Indirect discrimination

 Indirect discrimination is when

there is a rule or
requirement that is the same for
everyone but unfairly affects
people who have one of the
characterstics protected by New
South Wales law. For example, an
employer has a policy that people
need to be 180cm or taller to do
a certain job, which could
indirectly discriminate against
women and some ethnic groups
(sex or race discrimination).
 Equal oportunities policy

 The Equal Opportunity Act 2010 includes some exceptions, which mean that discrimination will not be against the
law in particular circumstances.
Positive steps can also be taken to help disadvantaged groups using special measures, which is not discrimination
under the law.
If an exception or special measure does not apply, in some circumstances an exemption from the Act may be sought
from the Victorian Civil and Administrative Tribunal (VCAT).
Discrimination against you because of a disability may not be against the law where:
 there is a real risk to your health, safety or property (or to other people’s) and the discriminatory measures are
needed to protect you.
 the discriminatory measures were taken to assist people with special needs or disabilities, such as providing
accessible services and facilities.
 an employer would have to make unreasonable adjustments to their workplace or work situation so that you
could apply for, or perform, a job.
 you could not adequately perform a job even if an employer made reasonable adjustments to the workplace or
work situation.
 Similar exceptions in regard to making reasonable adjustments to accommodate a person with disability also
apply to education providers and goods and services providers.
 Managing conflicto contructively within
the team
In taking a collaborative, problem-solving approach based on a large body of research on
conflict management, the following steps in the process are emphasised.
 Adopt an open, good faith approach.
 Acknowledge emotions: yours and theirs.
 Try to understand the interests of each party.
 Be open to the other person’s interests and perspective.
 Demonstrate a preparedness to explore your own interests, feelings and actions.
 Brainstorm a range of options focusing on the mutual interests of the parties.
 Building effective workplace
relationships.
 Ensure adherence to organisational
cultural diversity and ethical values
 Organisational policies and
procedures
 Social standards
 Ethical standards
 Business standards